Luminously Terms of Use

Effective Date: September, 2023

Thank you for visiting Luminously (“us”, “our”, “we”, and “Luminously”) and choosing to work with us. If you continue to browse and use this website, website contents, or use our services in general, you accept to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and other applicable agreements and policies, govern your relationship with us and your use of this website.

You may not accept these terms and use this website and/or our services if you are under the age of eighteen and/or if you do not accept the terms and conditions specified herein and/or our privacy policy. 

Features and Functionality Provided by Third Parties

Certain content, features and functionality on our website or via our services may be owned and operated by third parties (collectively, “Third-Party Providers”), including but not limited to Twitter, Facebook, and Instagram (collectively, “Third-Party Content”). Your use and interaction with such Third-Party Content and Third-Party Providers  may be subject to separate terms and conditions of Third-Party Providers and, if applicable, you will be subject to and must comply with the terms and conditions offered by such Third-Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD-PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD-PARTY PROVIDER(S) AND NOT LUMINOUSLY.

Our website or as a part of our services we may share links to other websites, some of which may be operated by Luminously and others of which may be operated or controlled by third parties (“Third-Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. The inclusion of links to Third-Party Sites is not, and should not be viewed, as an endorsement by Luminously of the Third-Party Sites or any content therein. Different terms and conditions apply to your use of Third-Party Sites. LUMINOUSLY HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SITES AND CONTENTS, AND ACCEPTS NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIMS ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY SITES.

Trademarks and Copyrights

All trademarks, trade names, logos, images, service marks, trade marks, and content displayed on the website (collectively, the “IP”) are the property of Luminously or its licensors, content providers or other third parties. Nothing in these Terms of Use or on the website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any IP without the prior written consent of Luminously or the owner of the IP.

DISCLAIMERS

YOU HEREBY AGREE THAT YOUR USE OF AND RELIANCE ON OUR SITE, THE CONTENTS ON THE WEBSITE, OUR SERVICES OR OTHER MATERIAL WE PROVIDE TO YOU IS AT YOUR SOLE RISK. THE SITE, ITS FEATURES, CONTENTS,  AND OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, ANY FEATURE OR PART THEREOF, AND OUR SERVICES  AT ANY TIME FOR ANY REASON.

LUMINOUSLY PROVIDES NO REPRESENTATION, WARRANTY, OR GUARANTEE IN RELATION TO ANY OF ITS SERVICES IT PROVIDES TO YOU OR ITS WEBSITE AND ITS CONTENTS. LUMINOUSLY DOES NOT GUARANTEE OR WARRANTY ANY RESULTS OR SPECIFIC PERFORMANCE OF ITS SERVICES TO YOU AND/OR ITS WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMINOUSLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE OR ACCESS ANY LINK ON THE WEBSITE OR THROUGH OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR ACCESS TO ANY SUCH MATERIALS.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL LUMINOUSLY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,  CONTRACTORS, LICENSORS OR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, COSTS, AND CLAIMS  (WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE)) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THIS SITE OR THROUGH THE SITE, OUR SERVICES PROVIDED TO YOU, REGARDLESS OF WHETHER SUCH DAMAGES, COSTS, OR CLAIMS  ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LUMINOUSLY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH LUMINOUSLY IS TO DISCONTINUE YOUR USE OF THE SITE OR DEPENDING ON YOUR DIRECT WRITTEN AGREEMENT WITH LUMINOUSLY TERMINATE YOUR AGREEMENT (IF APPLICABLE). IF LUMINOUSLY, UNDER APPLICABLE LAW, CANNOT LAWFULLY DISCLAIM LIABILITY TO YOU UNDER THIS LIMITATION OF LIABILITY CLAUSE, LUMINOUSLY WILL BE LIABLE TO YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES NOT TO EXCEED $100.00 CAD.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE) OR THE CONTENT, OR USE OF OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to defend, subject to our approval of counsel, indemnify and hold harmless Luminously, its affiliates and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of our site or its content; (ii) your violation of any Terms of Use herein or similar terms provided by third-party providers with respect to any third-party content; or (iii) Losses arising from your fraud, misconduct, errors and omissions, criminal acts or gross negligence. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption.

Jurisdiction and Applicable Law

The laws of the province of British Columbia govern these Terms of Use, your use of this site, and our services. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in the province of British Columbia for any action or proceeding arising out of or relating to these Terms of Use.

Changes to These Terms of Use

Luminously reserves the right in its sole discretion, to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this site. It is your responsibility to check for any changes we make to these Terms of Use each time you use the site or any portion thereof. Your continued use of the site after that point signifies that you accept the changes.

Termination

We may terminate or suspend access to our site and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation your material breach of this agreement.

All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, IP ownership provisions, warranty disclaimers, indemnity and limitations of liability provisions.